Haviland v. Lourdes Medical Center of Burlington County, Inc.
Annotate this CaseIn this appeal, the issue presented for the New Jersey Supreme Court in this case was whether a plaintiff had to submit an affidavit of merit (AOM) in support of a vicarious liability claim against a licensed health care facility based on the alleged negligent conduct of an employee who was not a “licensed person” under the AOM statute. Plaintiff Troy Haviland brought a claim against defendant Lourdes Medical Center of Burlington County, Inc., alleging, as relevant here, that an unnamed radiology technician employed by defendant negligently performed his radiological imaging examination, causing serious injuries. Defendant filed a motion to dismiss plaintiff’s complaint for failure to serve an AOM, which was granted. The Appellate Division reversed, determining that an AOM was not required when a plaintiff’s claim against a licensed person was limited solely to vicarious liability, based upon the alleged negligence of an employee who was not a licensed person under the AOM statute. To this the Supreme Court concurred: the AOM statute did not require submission of an AOM to support a vicarious liability claim against a licensed health care facility based only on the conduct of its non-licensed employee.
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